Legal Opinion

Wirtz v. Barnes Grocer Co.

Court of Appeals for the Eighth Circuit

Decided August 1, 1968No. 19007PublishedCited by 13 opinions

1Opinion of the Court

VAN PELT, District Judge.

This is an action under the Fair Labor Standards Act of June 25, 1938, for injunctive relief. Following a trial, the District Court dismissed the complaint. See Wirtz v. Barnes Grocer Company, 271 F.Supp. 894. Plaintiff Secretary of Labor has appealed.

The primary question involved is whether the three defendants are one enterprise within the meaning and definition of the Act.

Barnes Grocer Company of Poplar Bluff, Missouri, has since 1933 been engaged in the wholesale grocery business. Barnes sells the. defendant’s three stores and one other Piggly Wiggly store and a…

2Cases cited4 opinions

  1. Wirtz v. Hardin & CompanyDistrict Court, N.D. Alabama · 1964
  2. W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Hardin & Company, Inc.Court of Appeals for the Fifth Circuit · 1966
  3. West v. Wal-Mart, Inc.District Court, W.D. Arkansas · 1967
  4. Wirtz v. Barnes Grocer Co.District Court, E.D. Missouri · 1967

3Cited by13 opinions

  1. Bonnette v. California Health And Welfare AgencyCourt of Appeals for the Ninth Circuit · 1983
  2. Bonnette v. California Health & Welfare AgencyCourt of Appeals for the Ninth Circuit · 1983
  3. Scott M. Karr v. Strong Detective Agency, Inc., a Division of Kane ServicesCourt of Appeals for the Seventh Circuit · 1986
  4. Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Plaza Shoe Store, Inc.Court of Appeals for the Eighth Circuit · 1975
  5. George P. Shultz, Secretary of Labor, United States Department of Labor v. E. E. Falk, Individually and as a Partner in Drucker and FalkCourt of Appeals for the Fourth Circuit · 1971

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